People v. Tate

Paul T. D’Amaro J.

Upon the close of People’s case, the defendant has moved this court to grant a trial order of dismissal.

THE FACTS

On March 15, 1973, at 8:43 p.m., a passenger train of the L.I.RR, traveling eastward struck the rear of a standing, unattended freight train. One passenger died, and more than a score of others were injured. The defendant, Roy W. Tate, was the engineer of the passenger train.

This tragic incident took place on a foggy night beyond the easterly end of the Ronkonkoma station, the last stop scheduled on the train’s run from Hicksville. Shortly thereafter Mr. Tate was…